"action" means any civil proceeding but does not include any proceeding whether for the recovery of money or for any other purpose that is commenced by way of information or complaint or the procedure for which is governed by The Summary Convictions Act; (« action »)

"assurance" means any transfer, deed, or instrument, other than a will, by which land may be conveyed or transferred; (« transfert »)

"Canadian judgment" means a Canadian judgment as defined in The Enforcement of Canadian Judgments Act; (« jugement canadien »)

"heirs" includes the persons entitled beneficially to the real estate of a deceased intestate; (« héritiers »)

"injuries to the person" includes any disease and any impairment of the physical or mental condition of a person; (« blessures »)

"land" includes all corporeal hereditaments, and any share or any freehold or leasehold estate or any interest in any of them; (« bien-fonds »)

"mortgage" includes charge, "mortgagor" includes chargor, and "mortgagee" includes chargee; (« hypothèque »)

"proceedings" includes action, entry, taking of possession, distress, and sale proceedings under an order of a court or under a power of sale contained in a mortgage or conferred by statute; (« procédures »)

"rent" means a rent service or rent reserved upon a demise; (« loyer »)

"rent charge" includes all annuities and periodical sums of money charged upon or payable out of land. (« rente foncière »)

2(1) The following actions shall be commenced within and not after the times respectively hereinafter mentioned:

(a) actions for penalties imposed by any statute brought by an informer suing for himself alone or for the Crown as well as himself, or by any person authorized to sue for the same, not being the person aggrieved, within one year after the cause of action arose;

(b) actions for penalties, damages, or sums of money in the nature of penalties, given by any statute to the person aggrieved, within two years after the cause of action arose;

(c) actions for defamation, within two years of the publication of the defamatory matter, or, where special damage is the gist of the action, within two years after the occurrence of such damage;

(d) actions for violation of privacy of a person,

(i) where the person is aware of the violation of his privacy at the time the violation occurs, within two years after the occurrence of the violation, and

(ii) where the person is not aware of the violation of his privacy at the time the violation occurs, within two years after he first becomes aware of the violation or, by use of reasonable diligence could have become aware of the violation, but in no case after four years from the occurrence of the violation;

(e) actions for malicious prosecution, seduction, false imprisonment, trespass to the person, assault, battery, wounding or other injuries to the person, whether caused by misfeasance or non-feasance, and whether the action be founded on a tort or on a breach of contract or on any breach of duty, within two years after the cause of action arose;

(f) actions for trespass or injury to real property, whether direct or indirect, within six years after the cause of action arose;

(g) actions for trespass or injury to chattels, whether direct or indirect, within two years after the cause of action arose;

(h) actions for the taking away, conversion or detention of chattels, within six years after the cause of action arose;

(i) actions for the recovery of money (except in respect of a debt charged upon land), whether recoverable as a debt or damages or otherwise, and whether a recognizance, bond, covenant, or other specialty, or on a simple contract, express or implied, and actions for an account or not accounting, within six years after the cause of action arose;

(j) actions grounded on fraudulent misrepresentation, within six years from the discovery of the fraud;

(k) actions grounded on accident, mistake, or other equitable ground of relief not hereinbefore specifically dealt with, within six years from the discovery of the cause of action;

(l) actions on a judgment or order for the payment of money, other than a Canadian judgment, within 10 years after the cause of action thereon arose, but no such action shall be brought upon a judgment or order recovered upon any previous judgment or order;

(1.l) actions on a Canadian judgment that require a person to pay money,

(i) within the time for enforcement in the province or territory where the judgment was made, or

(ii) within 10 years after the day on which the judgment became enforceable in the province or territory where it was made,

whichever time period is shorter, and no such action shall be brought on a judgment recovered on a previous Canadian judgment;

(m) actions brought under and by virtue of The Fatal Accidents Act, within two years after the death of the deceased person by reason of whose death the action is brought;

(n) any other action for which provision is not specifically made in this Act, within six years after the cause of action arose.

Counter-claim and third party proceedings

2(2) Where an action is brought for injuries to the person or for injuries to property within the time limited by this Act or any other Act of the Legislature and third party proceedings are instituted, or a counter-claim is made in respect of damages caused in the same accident, the lapse of time limited by this Act or any other Act of the Legislature is not a bar to the third party proceedings or to a counter-claim by the defendant or third party.

No limitation for Unsatisfied Judgment Fund

2(3) Notwithstanding any other provision of this Act, where a judgment has been paid by and assigned to the Minister of Finance under the Unsatisfied Judgment Fund Act (now repealed), the Minister of Finance may at any time commence an action on the judgment or commence proceedings to recover from the judgment debtor the amount owing including interest at 4% per year from the date the payment was made.

4 Notwithstanding any limitation provision to the contrary in force on January 1, 1968 and contained in any other Act of the Legislature, but subject to the provisions of this Act, the periods within which actions shall be commenced set out in section 2 apply in respect of actions to which such limitation provision in another Act has heretofore applied unless that other Act or the limitation provision thereof is mentioned in the Schedule.

5 Where the existence of a cause of action has been concealed by fraud of the person setting up this Part or Part II as a defence, the cause of action shall be deemed to have arisen when the fraud was first known or discovered.

Item in account

6 No claim in respect of an item in an account which arose more than six years before the commencement of the action shall be enforceable by action by reason only of some other claim in respect of another item in the same account having arisen within six years next before the commencement of the action.

Persons under disability

7(1) For the purposes of this section and section 8, a person is under a disability

(a) while he is a minor; or

(b) while he is in fact incapable of the management of his affairs because of disease or impairment of his physical or mental condition.

Time under a disability not included

7(2) Subject to section 8, any period during which a person entitled to bring an action is under a disability shall not be included in calculating the time within which the action is required to be brought

(a) whether that time is limited under this or any other Act of the Legislature; and

(b) whether the person was under the disability at the time the cause of action arose or the disability commenced after the cause of action arose.

Death of person under disability

7(3) Where a person who is entitled to bring an action dies while under a disability, no further suspension of the time within which the action must be brought shall be allowed by reason of the disability of any other person.

Action during disability

7(4) Subsections (2) and (3) do not prevent an action being brought for and on behalf of a person under a disability by a next friend, a committee, the Public Guardian and Trustee or anyone else authorized under the law to bring the action for him or on his behalf.

Ultimate time

7(5) Notwithstanding anything in this section, but subject to section 7.1, no action to which this section applies shall be brought by a person who is or has been under a disability or for or on his behalf by another after the expiration of 30 years after the occurrence of the act or omission that gave rise to the cause of action.

Onus of proof

7(6) The onus of proving that any period of time is not included in calculating the time within an action is required to be brought is on the person claiming the benefit of excluding the period.

8(1) Where a person under a disability has or may have a cause of action against another person, that other person may give a notice to proceed in accordance with this section and in that case the time within which the action is required to be brought commences to run against the person under the disability as if he had ceased to be under the disability on the date the notice is given.

(i) in the case of a minor, to his parent or guardian, as the case may be and to the Public Guardian and Trustee, and

(ii) in the case of a person who is incapable of the management of his affairs because of disease or impairment of his physical or mental condition, to his parent, committee, or substitute decision maker appointed under The Vulnerable Persons Living with a Mental Disability Act, if the substitute decision maker has the power to act with respect to the cause of action, as the case may be, and to the Public Guardian and Trustee;

(c) state the name of the person under the disability;

(d) give a clear and concise statement of the facts out of which the cause of action may arise or may be claimed to arise, with such particularity as is necessary to enable a determination to be made as to whether the person under the disability has a cause of action;

(e) contain a warning that the cause of action arising out of the facts stated in the notice is liable to be barred by the Act;

(f) state the name of the person on whose behalf the notice is given; and

(g) be signed by the person giving the notice or his solicitor.

Giving of notice

8(3) A notice to proceed under this section shall be given by delivery or personal service

(a) in the case of a minor, to or upon his parent or guardian and to or upon the Public Guardian and Trustee; and

(b) in the case of a person who is incapable of the management of his affairs because of disease or impairment of his physical or mental condition, to or upon his parent, committee or substitute decision maker referred to in subclause (2)(b)(ii), and to or upon the Public Guardian and Trustee;

and the notice shall be deemed to have been given on the latest date on which a delivery or service of the notice required under this section is made.

Actions against parents, etc.

8(4) This section does not apply to a person under a disability in respect of an action against his parent or guardian or the Public Guardian and Trustee.

Person for whose benefit notice given

8(5) A notice to proceed given under this section is effective for the benefit only of those persons on whose behalf the notice is given and only with respect to a cause of action arising out of the facts stated in the notice.

Notice not admission

8(6) A notice to proceed given under this section is not an admission of liability on behalf of any person on whose behalf the notice is given and is not a confirmation of any of the facts stated in the notice.

Action by Public Guardian and Trustee

8(7) Where a notice to proceed is given to the Public Guardian and Trustee under this section, and it appears to him that any other person to whom the notice was delivered is failing to take reasonable steps to protect the interest of the person under the disability or is otherwise acting to the prejudice of the person under the disability, the Public Guardian and Trustee

(a) shall investigate the circumstances specified in the notice; and

(b) may commence and maintain an action for the benefit of the person under the disability.

Regulations

8(8) The Lieutenant Governor in Council may make regulations prescribing the form of a notice to proceed given under this section and respecting other matters in relation thereto.

9(1) Where a person who is, or, but for the effluxion of time, would be liable to an action on a judgment or on an order for the payment of money or for the recovery of money as a debt, or his agent in that behalf,

(a) conditionally or unconditionally promises his creditor or the agent of the creditor in writing signed by the debtor or his agent to pay the judgment or order for payment or debt; or

(b) gives a written acknowledgment of the judgment or order for payment or debt signed by the debtor or his agent to his creditor or the agent of the creditor; or

(c) makes a part payment on account of the principal of the judgment or order for payment or debt or interest thereon to his creditor or the agent of the creditor;

then, subject to clause 2(1)(l), the action may be brought within six years from the date of the promise, acknowledgment, or part payment, as the case may be, notwithstanding that action would otherwise be barred under the provisions of this Act.

Effect of written acknowledgment

9(2) A written acknowledgment of a judgment or order for payment or debt or a part payment on account of the principal of the judgment or order for payment or debt or interest thereon, shall have full effect whether or not a promise to pay can be implied therefrom and whether or not it is accompanied by a refusal to pay.

10 Where there are two or more joint debtors or joint contractors, or joint obligors or joint covenantors, or the executors or administrators of any of them, no such joint debtor, joint contractor, joint obligor, or joint covenantor, or his executor or administrator, shall lose the benefit of this Act so as to be chargeable in respect or by reason only of any written promise or acknowledgment made and signed, or by reason of any payment of any principal or interest made, by any other or others of them.

Recovery against those acknowledging

11 In actions commenced against two or more such joint debtors, joint contractors, joint obligors, or joint covenantors, or executors or administrators, as defendants, if it appears at the trial or otherwise that the plaintiff, though barred by this Act as to one or more of such defendants, is nevertheless entitled to recover against any other or others of the defendants by virtue of a new promise, acknowledgment, or payment, judgment shall be given for the plaintiff as to the defendant or defendants against whom he is entitled to recover, and for the other defendant or defendants against the plaintiff.

Endorsements of payment insufficient

12 No endorsement or memorandum of any payment written or made upon any promissory note, bill of exchange, or other writing, by or on behalf of the person to whom the payment has been made, shall be deemed sufficient proof of the payment, so as to take the case out of the operation of this Act.

Part applies to counter-claims

13 This Part applies to the case of any claim of the nature hereinbefore mentioned, alleged by way of counter-claim or set-off on the part of any defendant.

PART II

EXTENSION OF LIMITATION PERIOD

Extension of time in certain cases

14(1) Notwithstanding any provision of this Act or of any other Act of the Legislature limiting the time for beginning an action, the court, on application, may grant leave to the applicant to begin or continue an action if it is satisfied on evidence adduced by or on behalf of the applicant that not more than 12 months have elapsed between

(a) the date on which the applicant first knew, or, in all the circumstances of the case, ought to have known, of all material facts of a decisive character upon which the action is based; and

(b) the date on which the application was made to the court for leave.

Effect of leave

14(2) Subject to subsections (3) and (4), no provision of this Act or of any other Act of the Legislature limiting the time for beginning an action affords a defence to an action if the court either before or after the beginning of the action grants leave under this section to begin or to continue the action.

(a) any defence that in any action to which this section applies may be available by virtue of

(i) any provision of an Act of the Legislature other than one limiting the time for beginning an action, or

(ii) a rule of law or equity; or

(b) the operation of any Act of the Legislature or rule of law or equity that, apart from this section, would enable such an action to be brought after the end of a limitation period fixed in this Act or any other Act of the Legislature in respect of the cause of action on which that action is founded.

more than 30 years after the occurrence of the acts or omissions that gave rise to the cause of action.

Time limit on leave to begin action

14(5) In granting leave under this section to begin an action, the court shall fix a period within which the applicant shall begin the action and, if the applicant fails to begin his action within the time fixed, the order granting leave expires and ceases to have any effect.

Time limit on leave to continue action

14(6) In granting leave under this section to continue an action, if the pleadings of the applicant are required to be amended to give effect to the granting of leave, the court may fix a period within which the pleadings may be amended and if the applicant fails to amend his pleadings within the time fixed, the action shall continue as though the order granting leave had never been granted.

Ex parte application

15(1) An application under section 14 may, with the consent of the court, be made ex parte.

Evidence required on application

15(2) Where an application is made under section 14 to begin or to continue an action, the court shall not grant leave in respect of the action unless, on evidence adduced by or on behalf of the claimant, it appears to the court that, if the action were brought forthwith or were continued, that evidence would, in the absence of any evidence to the contrary, be sufficient to establish the cause of action on which the action is to be or was founded apart from any defence based on a provision of this Act or of any other Act of the Legislature limiting the time for beginning the action.

Additional requirement for leave after action begun

15(3) Where an application is made by a plaintiff under section 14 to continue an action already begun by him, the court shall not grant leave unless, on evidence adduced by the plaintiff, it appears to the court that, only after the date the action was begun, the plaintiff first knew or, in all the circumstances of the case, ought to have known, that the matters constituting the cause of action had occurred at a time which, apart from section 14, afforded a defence based on a provision of this Act or of any other Act of the Legislature limiting the time for beginning the action.

Application respecting action continued under sec. 53 of Trustee Act

16(1) Where the applicant applying for leave under subsection 14(1) is the personal representative of a deceased person in whom an action or cause of action is continued under section 53 of The Trustee Act,

(a) the personal representative shall be deemed to know of all facts which the deceased at the time of his death knew of and shall be deemed to have gained that knowledge at the time the deceased gained it;

(b) it shall be deemed that the personal representative, in all the circumstances of the case, ought to have known of facts at the time the deceased, in all the circumstances of the case ought to have known of those facts; and

(c) where, before the death of the deceased, the personal representative knew of facts which the deceased, at the time of his death, did not know of, the personal representative shall be deemed to have first known of those facts on the date that the grant of probate or letters of administration were granted.

Actions under Fatal Accidents Act

16(2) Where the applicant applying under subsection 14(1) for leave to begin or continue an action is a person who is entitled to bring an action under The Fatal Accidents Act in respect of the death of the deceased person,

(a) the applicant shall be deemed to know of all facts that the deceased, at the time of his death, knew of and shall be deemed to have gained that knowledge at the time the deceased gained it;

(b) it shall be deemed that the applicant, in all the circumstances of the case, ought to have known of a fact at the time the deceased, in all the circumstances of the case, ought to have known of that fact;

(c) the applicant shall be deemed to know of all facts that each adult person for whose benefit the action was or is to be brought knows of and shall be deemed to have gained that knowledge at the time the adult person gained it;

(d) it shall be deemed that the applicant, in all the circumstances of the case, ought to have known of a fact at the time when any adult person for whose benefit the action was or is to be brought, in all the circumstances of the case, ought to have known of that fact;

(e) where, before the death of the deceased, the applicant knew of a fact that the deceased did not know of at the time of his death, the applicant, if he is the personal representative of the deceased and not a person for whose benefit the action was or is to be brought, shall be deemed to have first known of that fact on the date that the grant of probate or letters of administration were granted; and

(f) where, before the death of the deceased, the applicant knew of a fact that the deceased did not know at the time of his death, the applicant, if he is not a personal representative of the deceased, shall be deemed to have first known of that fact on the date that the deceased died.

Time limit for claiming contribution between tortfeasors

17(1) Where, under The Tortfeasors and Contributory Negligence Act, a tortfeasor (in this section referred to as "the first tortfeasor") becomes entitled to a right to recover contribution in respect of any damage from another tortfeasor

(a) no action to recover contribution by virtue of that right shall be begun;

(b) the court shall not grant leave to begin an action to recover contribution by virtue of that right; and

(c) the court shall not grant leave to continue an action to recover contribution by virtue of that right that was begun;

after the end of the period of two years from the date on which that right accrued to the first tortfeasor.

(a) where the first tortfeasor is held liable in respect of the damage by a judgment given in any civil proceeding, or an award made on any arbitration, the date on which a right to recover contribution in respect of the damage is the date on which the judgment is given, or the date of the award, as the case may be; and

(b) where, in a case not falling within clause (a), the tortfeasor admits liability in favour of one or more persons in respect of the damage, the date on which a right to recover contribution in respect of the damage accrues to the first tortfeasor is the earliest date on which the amount to be paid by the first tortfeasor in discharge of that liability is agreed by, or on behalf of, the first tortfeasor and that person, or each of those persons, as the case may be.

Time for appeal not to be calculated

17(3) For the purposes of subsection (2), no account shall be taken of any judgment or award given or made on appeal in so far as it varies the amount of damages awarded against the first tortfeasor.

Part applies to counter-claim

18 This Part applies to any claim alleged by way of counter-claim or set-off on the part of a defendant.

Transitional provision

19(1) Subject to subsection (2), this Part has effect in relation to causes of action that accrued before as well as causes of action that accrued after July 29, 1980 and has effect in relation to any cause of action that accrued before that date notwithstanding that an action in respect thereof had been commenced and is pending on that date.

Meaning of pending action

19(2) For the purposes of this section, an action shall not be taken to be pending at any time after a final order or judgment has been made or given therein notwithstanding that an appeal is pending or that the time for appeal has not expired and accordingly section 14 does not have effect in relation to a cause of action in respect of which a final order or judgment had been made or given before July 29, 1980.

"appropriate advice" in relation to any fact or circumstance means the advice of competent persons qualified, in their respective spheres, to advise on the professional or technical aspects of that fact or that circumstance, as the case may be; (« conseils opportuns »)

"court" in relation to an action, means the court in which the action has been or is intended to be brought. (« tribunal »)

Reference to material facts

20(2) In this Part any reference to a material fact relating to a cause of action is a reference to any one or more of the following, that is to say:

(a) The fact that injuries or damages resulted from an act or omission.

(b) The nature or extent of any injuries or damages resulting from an act or omission.

(c) The fact that injuries or damages so resulting were attributable to an act or omission or the extent to which the injuries or damages were attributable to the act or omission.

(d) The identity of a person performing an act or omitting to perform any act, duty, function or obligation.

(e) The fact that a person performed an act or omitted to perform an act, duty, function or obligation as a result of which a person suffered injury or damage or a right accrued to a person.

Nature of material facts

20(3) For the purposes of this Part, any of the material facts relating to a cause of action shall be taken, at any particular time, to have been facts of a decisive character if they were facts which a person of his intelligence, education and experience, knowing those facts and having obtained appropriate advice in respect of them, would have regarded at that time as determining, in relation to that cause of action, that, apart from any defence based on a provision of this Act or any other Act of the Legislature limiting the time for bringing an action, an action would have a reasonable prospect of succeeding and resulting in an award of damages or remedy sufficient to justify the bringing of the actions.

Where facts deemed to be outside knowledge

20(4) Subject to subsection (5), for the purposes of this Part, a fact shall, at any time, be taken not to have been known by a person, actually or constructively if

(a) he did not then know that fact;

(b) in so far as that fact was capable of being ascertained by him, he had taken all actions that a person of his intelligence, education and experience would reasonably have taken before that time for the purpose of ascertaining the fact; and

(c) in so far as there existed, and were known to him, circumstances from which, with appropriate advice, the fact might have been ascertained or inferred, he had taken all actions that a person of his intelligence, education and experience would reasonably have taken before that time for the purpose of obtaining appropriate advice with respect to the circumstances.

Knowledge of persons in custody of parent

20(5) In applying subsection (4) to a person at a time when he was under a disability as described in subsection 7(1) and in the custody of a parent, any reference to that person in clause (4)(a), (b) or (c) shall be construed as a reference to that parent.

PART III

CHARGES ON LAND

Recovery of money charged on land

21(1) No proceedings shall be taken to recover any rent charge or any sum of money secured by any mortgage or otherwise charged upon or payable out of any land or rent charge but within 10 years next after a present right to recover it accrued to some person capable of giving a discharge therefor or a release thereof, unless, prior to the expiry of that 10 years, some part of the rent charge or sum of money or some interest thereon has been paid by a person bound or entitled to make a payment thereof, or his agent in that behalf, to a person entitled to receive it, or his agent, or some acknowledgment in writing of the right to the rent charge or sum of money signed by any person so bound or entitled, or his agent in that behalf, has been given to a person entitled to receive it, or his agent, and in that case no action shall be brought but within 10 years after that payment or acknowledgment, or the last of such payments or acknowledgments, if more than one, was made or given.

Reversion not in possession

21(2) In the case of a reversionary interest in land, no right to recover the sum of money charged thereon shall be deemed to accrue until the interest has fallen into possession.

Effect of payment or acknowledgment

21(3) Notwithstanding the provisions of this Act, no payment hereafter made or acknowledgment hereafter given to a mortgagee or to a vendor of land, of or in respect of moneys payable under the mortgage or agreement of sale, has the effect of extending the time within which an action on the personal covenant for payment in the mortgage or agreement must be commenced by the mortgagee or vendor, except as against the person by whom the payment is made or the acknowledgment is given.

Application of section

21(4) This section applies with respect to all mortgages and agreements of sale whether given or made before or after this section comes into force.

Definitions

21(5) In this section the expressions "mortgagee" and "vendor" include a person claiming through a mortgagee or vendor.

Recovery of money payable under agreement for sale of land

22 No proceedings shall be taken to recover any sum of money payable under an agreement for the sale of land but within 10 years after a present right to recover the same accrued to some person entitled to receive the same, or capable of giving a release thereof, unless, prior to the expiry of such 10 years, some part of the sum of money or some interest thereon has been paid by a person bound or entitled to make a payment thereof, or his agent in that behalf, to a person entitled to receive the same, or his agent, or some acknowledgment in writing of the right to receive such sum of money signed by any person so bound or entitled, or his agent in that behalf, has been given to a person entitled to receive the same, or his agent, and in such case no action shall be brought but within 10 years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one, was made or given.

Recovery of rent and interest charged on land

23(1) No arrears of rent, or of interest in respect of any sum of money to which section 21 or section 22 applies, or any damages in respect of such arrears, shall be recovered by any proceeding but within six years next after a present right to recover the same accrued to some person capable of giving a discharge for or release of the same, unless, prior to the expiration of such six years, some part of the arrears has been paid by a person bound or entitled to make a payment thereof, or his duly authorized agent, to a person entitled to receive the same, or his agent, or some acknowledgment in writing of the right to the arrears, signed by a person so entitled or bound, or his duly authorized agent, has been given to a person entitled to receive the arrears, or his agent, and in such case no proceeding shall be taken but within six years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one, was made or given.

Except redemption

23(2) Subsection (1) does not apply to an action for redemption or similar proceedings brought by a mortgagor or by any person claiming under him.

Recovery prior mortgagee in possession

24 Where any prior mortgagee or other encumbrancer has been in possession of any land within one year next before an action is brought by any person entitled to a subsequent mortgage or other encumbrance on the same land, the person entitled to the subsequent mortgage or encumbrance may recover in such action the arrears of interest which have become due during the whole time that the prior mortgagee or encumbrancer was in such possession or receipt, although that time may have exceeded such term of six years.

PART IV

LAND

Recovery of land

25 No person shall take proceedings to recover any land but within 10 years next after the time at which the right to do so first accrued to some person through whom he claims (hereinafter called "predecessor") or if such right did not accrue to a predecessor, then within 10 years next after the time at which such right first accrued to the person taking proceedings (herein after called "claimant").

Right accrues on dispossession

26 Where the claimant or a predecessor has, in respect of the estate or interest claimed, been in possession of the land or in receipt of the profits thereof and has, while entitled thereto, been dispossessed or has discontinued such possession or receipt, the right to take proceedings to recover the land shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession or at the last time at which any such profits were so received.

Right accrues on death of predecessor

27 Where the claimant claims the estate or interest of a deceased predecessor who was in possession of the land, or receipt of profits thereof, in respect of the same estate or interest at the time of his death, and was the last person entitled to the estate or interest who was in possession or receipt, the right to take proceedings to recover the land shall be deemed to have first accrued at the time of the death of the predecessor.

Right accrues according to assurance

28 Where the claimant claims in respect of an estate or interest in possession, granted, appointed, or otherwise assured to him, or a predecessor, by a person being, in respect of the same estate or interest, in the possession of the land or the receipt of the profits thereof, and no person entitled under the assurance has been in such possession or receipt, the right to take proceedings to recover the land shall be deemed to have first accrued at the time at which the claimant or his predecessor became entitled to possession or receipt by virtue of the assurance.

Right accrues on forfeiture

29 Where the claimant or the predecessor becomes entitled by reason of forfeiture or breach of condition, the right to take proceedings to recover the land shall be deemed to have first accrued whenever the forfeiture was incurred or the condition was broken.

When right accrues as to future estate

30 Where the estate or interest claimed has been an estate or interest in reversion or remainder or other future estate or interest, including therein an executory devise, and no person has obtained the possession of the land or receipt of the profits thereof in respect of that estate or interest, the right to take proceedings to recover the land shall be deemed to have first accrued at the time at which the estate or interest became an estate or interest in possession, by the determination of any estate or estates in respect of which the land has been held or the profits thereof have been received, notwithstanding the claimant or the predecessor has, at any time previously to the creation of the estate or estates which has determined, been in the possession of the land or the receipt of the profits thereof.

Further as to future estate

31 If the person last entitled to any particular estate on which any future estate or interest was expectant was not in possession of the land or receipt of the profits thereof at the time when his interest determined, no proceedings to recover the land shall be taken by any person becoming entitled in possession to a future estate or interest but within 10 years next after the time when the right to take proceedings first accrued to the person whose interest has so determined, or within five years next after the time when the estate of the person becoming entitled in possession has become vested in possession, whichever of these two periods is the longer.

Person entitled to assurance when estate barred

32 If the right to take proceedings to recover the land has been barred, no person afterwards claiming to be entitled to the same land, in respect of any subsequent estate of interest under any will or assurance executed or taking effect after the time when a right to take proceedings first accrued to the owner of the particular estate whose interest has so determined, shall take proceedings.

Where estate in possession barred, future estate barred

33 Where the right of any person to take proceedings to recover any land to which he may have been entitled for an estate or interest in possession entitling him to take proceedings has been barred by the determination of the period which is applicable in such case, and that person has at any time during the period been entitled to any other estate, interest, right, or possibility, in reversion, remainder, or otherwise, in or to the same land, no proceedings shall be taken by him or any person claiming through him to recover the land in respect of such other estate, interest, right, or possibility, unless in the meantime the land has been recovered by some person entitled to an estate, interest, or right, which has been limited or taken effect after or in defeasance of the estate or interest in possession.

Where right of forfeiture not claimed

34 Where the right to take proceedings to recover any land first accrued to a claimant or a predecessor by reason of any forfeiture or breach of condition, in respect of an estate or interest in reversion or remainder and the land has not been recovered by virtue of such right, the right to take proceedings shall be deemed to have first accrued at the time when the estate or interest became an estate or interest in possession.

Where rent wrongfully received, right accrues on receipt

35 Where any person is in possession of any land or in receipt of the profits thereof by virtue of a lease in writing, by which a rent amounting to the yearly sum or value of $4. or upwards is reserved, and the rent reserved by such lease has been received by some person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease, and no payment in respect of the rent reserved by the lease has afterwards been made to the person rightfully entitled thereto, the right of the claimant or his predecessor to take proceedings to recover the land after the determination of the lease, shall be deemed to have first accrued at the time at which the rent reserved by the lease was first so received by the person wrongfully claiming as aforesaid, and no such right shall be deemed to have first accrued upon the determination of the lease to the person rightfully entitled.

Right accrues end of first year

36 Where any person is in possession of any land or in receipt of the profits thereof as tenant from year to year, or other period, without any lease in writing, the right of the claimant or his predecessor to take proceedings to recover the land shall be deemed to have first accrued at the determination of the first of such years or other periods, or at the last (prior to his right to take proceedings being barred under any other provisions of this Act) when any rent payable in respect of such tenancy was received by the claimant or his predecessor or the agent of either, whichever last happens.

Right accrues where tenancy at will

37(1) Where any person is in possession of any land or in receipt of the profits thereof as tenant at will, the right of the claimant or his predecessor to take proceedings to recover the land shall be deemed to have first accrued either at the determination of the tenancy or at the expiration of one year next after its commencement, at which time, if the tenant was then in possession, the tenancy shall be deemed to have been determined.

Exception

37(2) No mortgagor or cestui que trust under an express trust shall be deemed to be a tenant at will to his mortgagee or trustee within the meaning of this section.

Time not to run while fraud concealed

38(1) In every case of concealed fraud of the person setting up this Part as a defence, or of some other person through whom such first mentioned person claims, the right of any person to bring an action for the recovery of any land of which he or any person through whom he claims may have been deprived by such fraud shall be deemed to have first accrued at and not before the time at which such fraud was, or with reasonable diligence might have been, first known or discovered.

Saving purchaser

38(2) Nothing in subsection (1) enables any owner of land to bring an action for the recovery of such land, or for setting aside any conveyance thereof, on account of fraud against any purchaser in good faith for valuable consideration, who has not assisted in the commission of the fraud, and who, at the time that he made the purchase, did not know, and had no reason to believe, that any such fraud had been committed.

Acknowledgment equivalent to possession

39 Where any acknowledgment in writing of the title of a person entitled to any land signed by the person in possession or in receipt of the profits of the land, or his duly authorized agent, has been given to him, or his agent, prior to his right to take proceedings to recover the land having been barred under the provisions of this Act, then the possession or receipt of or by the person by whom the acknowledgment was given shall be deemed, according to the meaning of this Act, to have been the possession or receipt of or by the person to whom or to whose agent such acknowledgment was given at the time of giving the same, and the right of the last mentioned person, or of any person claiming through him, to take proceedings shall be deemed to have first accrued at and not before the time at which the acknowledgment, or the last of the acknowledgments, if more than one, was given.

PART V

MORTGAGES OF REAL AND PERSONAL PROPERTY

Where mortgagee in possession barred

40(1) Where a mortgagee has obtained the possession of any property, real or personal, comprised in his mortgage or is in receipt of the profits of any land therein comprised, the mortgagor or any person claiming through him shall not bring any action to redeem the mortgage but within 10 years next after the time at which the mortgagee obtained such possession or first received any profits, unless, prior to the expiry of 10 years, an acknowledgment in writing of title of the mortgagor or of his right to redeem is given to the mortgagor or some person claiming his estate or interest or to the agent of the mortgagor or person, signed by the mortgagee or the person claiming through him or the duly authorized agent or either of them; and in such case, no action shall be brought but within 10 years next after the time at which such acknowledgment or the last of such acknowledgments, if more than one, was given.

More than one mortgagor

40(2) Where there is more than one mortgagor or more than one person claiming through the mortgagor or mortgagors, an acknowledgment, if given to any of the mortgagors or persons or his or their agent, is as effectual as if it had been given to all such mortgagors or persons.

Acknowledgment to one where more than one mortgagee

40(3) Where there is more than one mortgagee or more than one person claiming the estate or interest of the mortgagee or mortgagees, an acknowledgment, signed by one or more of such mortgagees or persons or his or their duly authorized agent, shall be effectual only as against the party or parties signing as aforesaid, and the person or persons claiming any part of the mortgage money or property by, through or under him or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest or interests, and shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any undivided or divided part of the money or property.

Where property divided

40(4) Where such of the mortgagees or persons aforesaid as have given the acknowledgment are entitled to a divided part of the property comprised in the mortgage or some estate or interest therein, and not to any ascertained part of the mortgage money, the mortgagor or mortgagors shall be entitled to redeem the same divided part of the property on payment with interest of the part of the mortgage money which bears the same proportion to the whole of the mortgage money as the value of the divided part of the property bears to the value of the whole of the property comprised in the mortgage.

Foreclosure or sale

41 No mortgagee or person claiming through a mortgagee shall take any proceedings for foreclosure or sale under any mortgage of real or personal property or to recover the property mortgaged but within 10 years next after the right to take the proceedings first accrued to the mortgagee, or if the right did not accrue to the mortgagee, then within 10 years after the right first accrued to a person claiming through the mortgagee.

Payment or acknowledgment by person bound or entitled

42 Where any person bound or entitled to make payment of the principal money or interest secured by a mortgage of property, real or personal, or his agent in that behalf, at any time prior to the expiry of 10 years from the accrual of the right to take proceedings for foreclosure or sale or to take proceedings to recover the property, pays any part of the money or interest to a person entitled to receive it, or his agent, the right to take proceedings shall be deemed to have first accrued at (and not before) the time at which the payment or the last of the payments, if more than one, was made, or if any acknowledgment of the nature described in section 39 was given at any time prior to the expiry of 10 years from the accrual of the right to take proceedings, then at the time at which the acknowledgment or the last of the acknowledgments, if more than one, was given.

PART VI

AGREEMENTS FOR THE SALE OF LAND

Actions by purchasers of land

43(1) No purchaser of land or any person claiming through him shall bring any action in respect of the agreement for the sale thereof but within 10 years after the right to bring the action first accrued to the purchaser, or if the right did not accrue to the purchaser, then within 10 years after the right first accrued to a person claiming through the purchaser.

Payment or acknowledgment by person bound or entitled

43(2) When any person bound or entitled to make payment of the purchase money, or his agent in that behalf, at any time prior to the expiry of 10 years from the accrual of the right to bring the action pays any part of the money payable under the agreement of sale to a person entitled to receive it, or his agent, or if any acknowledgment in writing of the right of the purchaser or person claiming through him to the land, or to make such payment, was given prior to the expiry of that 10 years to the purchaser or person claiming through him, or to the agent of such purchaser or person, signed by the vendor or the person claiming through him, or the agent in that behalf of either of them, the right to take proceedings shall be deemed to have first accrued at (and not before) the time at which the payment or the last of the payments, if more than one, was made, or the time at which the acknowledgment or the last of the acknowledgments, if more than one, was given.

Proceedings by vendors of land

44 No vendor of land or person claiming through him shall take any proceedings for cancellation, determination, or rescission, of the agreements for the sale of the land or for foreclosure or sale thereunder or to recover the land but within 10 years after the right to take the proceedings first accrued to the vendor, or if the right did not accrue to the vendor, then within 10 years after the right first accrued to a person claiming through the vendor.

Payments or acknowledgments by purchasers

45 When any person bound or entitled to make payment of the purchase money, or his agent in that behalf, at any time prior to the expiry of 10 years from the accrual of the right to take the proceedings mentioned in section 44, pays any part of the money payable under the agreement of sale to a person entitled to receive it, or his agent, or if at any time prior to the expiry of such 10 years, any acknowledgment in writing of the right of the vendor or person claiming through him to the land or to receive the payment was given to the vendor or person claiming through him, or to the agent of such vendor or person, signed by the purchaser or the person claiming through him, or the agent in that behalf of either of them, the right to take proceedings shall be deemed to have first accrued at (and not before) the time at which the payment or last of the payments, if more than one, was made, or the time at which the acknowledgment or last of the acknowledgments, if more than one, was given.

(a) buys or agrees to buy, or leases, goods under a security agreement, as defined in The Personal Property Security Act, or

(b) leases goods under an agreement that

(i) is not a security agreement as defined in The Personal Property Security Act, and

(ii) gives the person the option of becoming the owner of the goods on compliance with the terms of the agreement; (« acheteur »)

"goods" means all chattels personal other than things in action or money, and includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale, or under the contract of sale; (« objets »)

"seller" means the person who sells or leases goods to a buyer. (« vendeur »)

47 No seller shall take any proceedings for the sale of or to recover goods that are the subject of a sale or lease to a buyer except within six years after the right to take the proceedings first accrued to the seller or, if the right did not accrue to the seller, then within six years after the right first accrued to a person claiming through the seller.

48 When any person bound or entitled to make payment of the price, or his agent in that behalf, at any time prior to the expiry of six years from the accrual of the right to take the proceedings, pays any part of the price or interest to a person entitled to receive it, or his agent, or if at any time prior to the expiry of such six years, any acknowledgment in writing of the right of the seller or person claiming through him to the goods or to receive the payment was given to the seller or person claiming through him signed by the buyer or the person claiming through him or the agent in that behalf of either of them, the right to take proceedings shall be deemed to have first accrued at (and not before) the time at which the payment or last of the payments, if more than one, was made, or the time at which the acknowledgment or last of the acknowledgments, if more than one, was given.

PART VIII

TRUSTS AND TRUSTEES

Definition of "trustee"

49(1) In this section "trustee" includes an executor, an administrator and trustee whose trust arises by construction or implication of law as well as an express trustee and also includes a joint trustee.

Actions by a beneficiary under a trust in respect of fraud, etc.

49(2) No period of limitation prescribed by this Act applies to an action by a beneficiary under a trust, being an action

(a) in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy; or

(b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to his use.

Other actions by beneficiaries under trusts

49(3) Subject as aforesaid, an action by a beneficiary to recover trust property or in respect of any breach of trust, not being an action for which a period of limitation is prescribed by any other provision of this Act, shall not be brought after the expiration of six years from the date on which the right of action accrued, but the right of action shall be deemed not to have accrued to any beneficiary entitled to a future interest in the trust property, until the interest falls into possession.

Judgment not to accrue to beneficiary barred

49(4) No beneficiary as against whom there would be a good defence under this Act shall derive any greater or other benefit from a judgment or order obtained by any other beneficiary than he could have obtained if he had brought the action and this Act had been pleaded in defence.

Actions in respect of personal estate of a deceased person

50 Subject to the provisions of subsection 49(2), no action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or an intestacy, shall be brought after the expiration of 10 years from the date when the right to receive the share or interest accrued, and no action to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of six years from the date on which the interest became due.

Express trust right accrues against purchaser on conveyance

51(1) Where any property is vested in a trustee upon any express trust, the right of the cestui que trust, or any person claiming through him, to bring an action against the trustee or any person claiming through him to recover the property, shall be deemed to have first accrued at and not before the time at which it was conveyed to a purchaser for a valuable consideration, and shall then be deemed to have accrued only as against such purchaser and any person claiming through him.

Actions to recover money charged on land

51(2) No action shall be brought to recover any sum of money or legacy charged upon or payable out of any land or rent charge, though secured by an express trust, or to recover any arrears of rent or of interest in respect of any sum of money or legacy so charged or payable or so secured, or any damages in respect of such arrears, except within the time within which it would be recoverable if there were not any such trust.

When claim of cestui que trust not affected

51(3) Subsection (2) does not operate so as to affect any claim of a cestui que trust against his trustee for property held on an express trust.

PART IX

GENERAL

Entry not possession

52(1) No person shall be deemed to have been in possession of any land, within the meaning of this Act, merely by reason of having made an entry thereon.

Claim not to preserve right

52(2) No continual or other claim upon or near any land preserves any right of making an entry or distress or bringing an action.

Receipt of rent receipt of profits

52(3) The receipt of the rent payable by any tenant at will, tenant from year to year, or other lessee, shall, as against such lessee or any person claiming under him, but subject to the lease, be deemed to be the receipt of the profits of the land for the purposes of this Act.

Expiry of right of action terminates title

53 At the determination of the period limited by this Act, to any person for taking proceedings to recover any land, rent charge, or money charged on land, the right and title of that person to the land, or rent charge, or the recovery of the money out of the land, is extinguished.

54(1) Where any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person, and before he recovers possession of the chattel, a further conversion or wrongful detention takes place, no action shall be brought in respect of the further conversion or detention after the expiration of six years from the accrual of the cause of action in respect of the original conversion or detention.

Termination of title to chattel on expiry of right of action

54(2) Where any such cause of action has accrued to any person, and the period prescribed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention as aforesaid has expired, and he has not during that period recovered possession of the chattel, the title of that person to the chattel is extinguished.

Administrator deemed claimant from death of deceased

55 For the purposes of Parts III, IV, and V, an administrator, claiming the estate or interest of the deceased person of whose property he has been appointed administrator, shall be deemed to claim as if there had been no interval of time between the death of the deceased person and the grant of the letters of administration.

Return to province

56 In respect of a cause of action, the time for taking proceedings as to which is limited by this Act (except those mentioned in clauses 2(1)(a) and (b), if a person is out of the province at the time a cause of action against him arises within the province, the person entitled to the action may bring it within two years after the return of the first mentioned person to the province or within the time otherwise limited by this Act for bringing the action.

Joint debtors within province not affected

57(1) Where a person has any cause of action against joint debtors or joint contractors, or joint obligors or joint covenantors, he is not entitled to any time within which to commence such an action against such of them as were within the province at the time the cause of action accrued by reason only that one or more of them was at that time out of the province.

Joint debtors outside province not released by action

57(2) A person having such a cause of action is not barred from commencing an action against any joint debtor or joint contractor, or joint obligor or joint covenantor, who was out of the province at the time the cause of action accrued, after his return to the province, by reason only that judgment has been already recovered against such others of them as were at such time within the province.

Application of Act

58 This Act applies to all causes of action whether they arose before or after the coming into force of this Act.

Refusing relief on acquiescence

59 Nothing in this Act interferes with any rule of equity in refusing relief on the ground of acquiescence, or otherwise, to any person whose right to bring an action is not barred by virtue of this Act.

Interpretation

60 This Act shall be so interpreted and construed as to effect its general purpose of making uniform the law of the provinces that enact it.

Time not to run while compromise in effect

61 Notwithstanding anything contained in this Act, in calculating the time within which any action or other proceedings must be commenced under this Act, the period during which the proceedings are stayed and the period during which a debtor is not in default under a contract or judgment as affected by a proposal binding upon the debtor and his creditors under the Farmers' Creditors Arrangement Act (Canada) shall not be included in the calculation.